DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in Joseph.
When you first meet with your DUI lawyer in Joseph, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI lawyer in Joseph, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI lawyer in Josephcan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in Joseph, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI lawyer in Joseph
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In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side of the story while those with something to hide will not. Experienced criminal lawyers know that the decision is far more complex and rarely has anything to do with guilt or innocence.Testifying is fraught with peril for any defendant. Guilty or innocent, if the defendant takes the stand, the case will likely turn on his performance as a witness. With so much at stake, the pressure on the defendant is enormous. One false step and he could lose his case. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to make it appear that he is lying. If he's a bad public speaker or gets nervous and says the wrong thing, he may appear guilty even though he's not. If the jury is turned off by his tone or demeanor, or simply doesn't like him for inexplicable reasons, the defense may never recover.Apart from the impression the defendant makes during his testimony, the mere act of testifying may have the unintended effect of lowering the burden of proof. In a criminal case, a conviction requires proof beyond a reasonable doubt, the highest standard of proof in our legal system. When the only evidence presented comes from the prosecutor, the jury focuses on whether the prosecutor has met that high burden of proof. Once the defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor's case against the extraordinarily high standard of proof beyond a reasonable doubt, the jurors tend to weigh the defendant's story against the prosecutor's or the victim's story. This effectively lowers the standard of proof to something approaching a preponderance standard (more likely than not) and dramatically reduces the chances the defendant will win the case.Finally, in some cases, there is truth to the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the evidence admitted at trial to that which bears directly on the alleged crime. Evidence of uncharged misconduct and prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant just because they believe him to be a bad person rather than because they have been presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the use of such evidence by the prosecution. Knowing that evidence of prior bad acts may prejudice the jury against him, the defendant may elect not to testify so as to avoid any risk of exposing the jury to such damaging evidence.Because of all the risks involved when a defendant testifies, many criminal defense attorneys advise their clients, regardless of perceived guilt or innocence, not to testify unless absolutely necessary. This advice frustrates the countless defendants who desperately want to proclaim their innocence to the jury. Most criminal defense attorneys have learned the hard way, however, that it is usually much safer to attack the prosecutor's case than to put on one of your own.
Being released from jail after serving time for a crime should be viewed as a second chance to live a productive life. Being placed on probation after serving a short sentence makes it much easier to fully exploit that second chance. Your career skills will still be current making it easier to find employment and your time away from your family is minimized.A perfect example of the second chance offered by probation is the job with the six-figure salary the former mayor of Detroit, Kwame Kilpatrick secured upon his release from jail after serving after serving 99 days for obstruction of justice. A perfect example of blowing a second chance is Kilpatrick's probation violation which resulted in him being returned to jail. He was fired from his job on the day it was ruled he had violated probation. Once he serves out his sentence, he may find that the old saying, "opportunity only knocks once," is extremely apropos.Probation RevocationViolating the terms of your probation can result in probation revocation. No matter how much or little you have to lose, violating your parole will have devastating consequences on your life. If you are suspected of violating your probation, a revocation hearing may be held so that the court can determine if a violation has occurred. At a probation violation hearing, it is not necessary to prove you are guilty beyond a reasonable doubt. The prosecutor only has to prove that a probation violation occurred by a preponderance of the evidence. The decision is made by the judge.Common Probation Violations- Leaving the state without your probation officers consent- Changing your residence without authorization or notification to your probation agent- Failure to pay fines or restitution- Failing a drug or alcohol test- Being arrested for a new crimeConsequences of Probation ViolationsIf you are found guilty of a probation violation, the court can continue probation without punishment, modify the conditions of probation, extend the period of probation or revoke probation. If probation is revoked the original sentence is reactivated.
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